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9 New Hampshire opinions name it 1 courts 2003–2011 0 in the last five years
The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rancourt v. City of Manchestergreen2 sentences2007As we explained in Rancourt v. City of Manchester, 149 N.H. 51, 54 (2003), “hardship exists when special conditions of the land render the use for which the variance is sought ‘reasonable.’ ” Based upon our review of the certified record, we conclude that it does not reasonably support the trial court’s determination that CRJ met its burden with respect to the first prong of the Simplex test. 2007As we explained in Rancourt v. City of Manchester, 149 N.H. 51, 54 (2003), “hardship exists when special conditions of the land render the use for which the variance is sought ‘reasonable.’ ” Based upon our review of the certified record, we conclude that it does not reasonably support the trial court’s determination that CRJ met its burden with respect to the first prong of the Simplex test. | 3 | 3 |
Harrington v. Town of Warnergreen2 sentences2011Then, in 2004, in Boccia v. City of Portsmouth, 151 N.H. 85, 92 (2004), we held that the three-part Simplex test applied only to “use” variances — those that seek a use that is prohibited by the zoning ordinance — and we established a different two-part analysis for “area” variances — those that authorize “deviations from restrictions which relate to a permitted use, rather than limitations on the use itself.” Boccia, 151 N.H. at 90 (quotation omitted); see also Harrington, 152 N.H. at 78-79 . 2011Then, in 2004, in Boccia v. City of Portsmouth, 151 N.H. 85, 92 (2004), we held that the three-part Simplex test applied only to “use” variances — those that seek a use that is prohibited by the zoning ordinance — and we established a different two-part analysis for “area” variances — those that authorize “deviations from restrictions which relate to a permitted use, rather than limitations on the use itself.” Boccia, 151 N.H. at 90 (quotation omitted); see also Harrington, 152 N.H. at 78-79 . | 2 | 4 |
Governor's Island Club, Inc. v. Town of Gilfordred1 sentence2011See, e.g., Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130 (1983); see also Laws 2009, 307:5 (statement of legislative intent that second definition mirror pre-Simplex test for unnecessary hardship “as exemplified by cases such as Governor’s Island”). | 1 | 1 |
Boccia v. City of Portsmouthred2 sentences2011Then, in 2004, in Boccia v. City of Portsmouth, 151 N.H. 85, 92 (2004), we held that the three-part Simplex test applied only to “use” variances — those that seek a use that is prohibited by the zoning ordinance — and we established a different two-part analysis for “area” variances — those that authorize “deviations from restrictions which relate to a permitted use, rather than limitations on the use itself.” Boccia, 151 N.H. at 90 (quotation omitted); see also Harrington, 152 N.H. at 78-79 . 2011Then, in 2004, in Boccia v. City of Portsmouth, 151 N.H. 85, 92 (2004), we held that the three-part Simplex test applied only to “use” variances — those that seek a use that is prohibited by the zoning ordinance — and we established a different two-part analysis for “area” variances — those that authorize “deviations from restrictions which relate to a permitted use, rather than limitations on the use itself.” Boccia, 151 N.H. at 90 (quotation omitted); see also Harrington, 152 N.H. at 78-79 . | 1 | 1 |
Pappas v. City of Manchester Zoning Board of Adjustmentgreen1 sentence2006Pappas v. City of Manchester Zoning Bd., 117 N.H. 622, 625 (1977). | 1 | 1 |
Britton v. Town of Chestergreen2 sentences2005Britton v. Town of Chester, 134 N.H. 434, 441 (1991). 2005Britton v. Town of Chester, 134 N.H. 434, 441 (1991). | 1 | 1 |
Bacon v. Town of Enfieldgreen2 sentences2004Because Simplex was decided primarily in the context of a use variance, it established a test which is geared toward determining whether “the use for which [the applicants] seek a variance is reasonable considering the property’s unique setting in its environment.” Bacon, 150 N.H. at 482 (Nadeau, J., and Brock, C.J., dissenting) (quotations and emphasis omitted). 2004Because Simplex was decided primarily in the context of a use variance, it established a test which is geared toward determining whether “the use for which [the applicants] seek a variance is reasonable considering the property’s unique setting in its environment.” Bacon, 150 N.H. at 482 (Nadeau, J., and Brock, C.J., dissenting) (quotations and emphasis omitted). | 1 | 1 |
Margate Motel, Inc. v. Town of Gilfordgreen2 sentences2003Whereas before Simplex, hardship existed only when special conditions of the land rendered it uniquely unsuitable for the use for which it was zoned, see Margate Motel, Inc. v. Town of Gilford, 130 N.H. 91, 94 (1987), after Simplex, hardship exists when special conditions of the land render the use for which the variance is sought “reasonable.” In the first prong of the Simplex test, “special conditions” are referred to as the property’s “unique setting... in its environment.” Both the trial court and the ZBA could rationally have found that the zoning ordinance precluding horses in an R-1A di 2003Whereas before Simplex, hardship existed only when special conditions of the land rendered it uniquely unsuitable for the use for which it was zoned, see Margate Motel, Inc. v. Town of Gilford, 130 N.H. 91, 94 (1987), after Simplex, hardship exists when special conditions of the land render the use for which the variance is sought “reasonable.” In the first prong of the Simplex test, “special conditions” are referred to as the property’s “unique setting... in its environment.” Both the trial court and the ZBA could rationally have found that the zoning ordinance precluding horses in an R-1A di | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Simplex Technologies, Inc. v. Town of Newington
green
2 sentences2004The Superior Court (Abramson, J.) agreed, noting that “re-zoning [ijntervenor’s property ... was all the 1998 Order did.” The court further stated that “[i]ntervenor’s requested variances do not automatically satisfy the Simplex factors simply because his property has been rezoned.” The case was remanded to the ZBA for rehearing of the variance requests in light of the factors enumerated in Simplex Technologies v. Town of Newington, 145 N.H 727 (2001). 2004The Superior Court (Abramson, J.) agreed, noting that “re-zoning [ijntervenor’s property ... was all the 1998 Order did.” The court further stated that “[i]ntervenor’s requested variances do not automatically satisfy the Simplex factors simply because his property has been rezoned.” The case was remanded to the ZBA for rehearing of the variance requests in light of the factors enumerated in Simplex Technologies v. Town of Newington, 145 N.H 727 (2001). | 3 | 2004–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.